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pg. 1
TENDER NO: IEBC/OT/20/05/2020-2021
TENDER FOR SUPPLY AND DELIVERY OF TONERS
AND CARTRIDGES
CLOSING DATE: 9TH NOVEMBER, 2020 AT
11:00AM EAST AFRICAN TIME
The Independent Electoral and Boundaries Commission (IEBC)
Anniversary Building,
Off University Way
P.O. Box 45371-00100
Nairobi
Website: www.iebc.or.ke
pg. 2
TABLE OF CONTENTS SECTION I: INVITATION TO TENDER ................................................................................................... 3
SECTION II: INSTRUCTIONS TO TENDERERS (ITT) ........................................................................... 4
APPENDIX TO INSTRUCTIONS TO TENDERERS ............................................................................... 14
SECTION III: GENERAL CONDITIONS OF CONTRACT ..................................................................... 16
SECTION IV: SPECIAL CONDITIONS OF CONTRACT ...................................................................... 21
SECTION V - TECHNICAL SPECIFICATIONS ...................................................................................... 22
SECTION VI: SCHEDULE OF REQUIREMENTS ................................................................................. 25
SECTION VII: PRICE SCHEDULE ......................................................................................................... 26
SECTION VIII - STANDARD FORMS .................................................................................................... 27
pg. 3
SECTION I: INVITATION TO TENDER
DATE: 2ND NOVEMBER, 2020
TENDER NO: IEBC/OT/20/05//2020-2021
FOR SUPPLY AND DELIVERY OF TONERS AND CARTRIDGES
1.1 Independent Electoral and Boundaries Commission invites sealed bids from eligible
candidates for the Supply and Delivery of Toners and Cartridges.
1.2 Interested candidates may download the tender document from the IEBC website:
www.iebc.or.ke and www.tenders.go.ke. Tenderers who download the
tender documents through the website are advised to registers at the Supply Chain
Offices or email their contacts through [email protected], before the closing date;
to allow records and communication for any tender clarifications and addenda.
1.3 Interested bidders participating in these tenders are required to register their bids
with the Commission at the Procurement Offices on 5th Floor Room No. 516.
1.4 Tenders must be accompanied by a bid bond of Kshs. 50,000/- in the form of a
BANK Guarantee from a reputable bank and payable to the Independent Electoral
and Boundaries Commission. Tender Securities will not be applicable to reserved
categories; bidders in these categories will be expected to submit dully signed
Tender Securing Declaration Form
1.5 Prices quoted should be inclusive of all taxes, must be in Kenya shillings and shall
remain valid for 120 days from the closing date of tender.
1.6 Complete tender documents are to be enclosed in plain sealed envelopes, addressed
to;
The Ag. Chief Executive Officer/Commission Secretary
Independent Electoral and Boundaries Commission (IEBC)
Anniversary Towers, University Way, Fifth Floor P O Box 45371-00100 Nairobi.
Marked with the specific tender name and reference number and deposited in the
Tender Box situated on 5th Floor, so as to be received on or before 9th November,
2020 at 11.00 am East African Time. Late bids will be rejected.
1.7 Tenders will be opened immediately thereafter and representatives are encouraged
to login to an electronic medium through a link that will be provided.
Ag. Commission Secretary/CEO
pg. 4
SECTION II: INSTRUCTIONS TO TENDERERS (ITT)
2.1 Eligible Tenderers 2.1.1 This Invitation for Tenders is open to all tenderers eligible as described in the Invitation to
Tender. Successful tenderers shall complete the supply of goods by the intended completion
date specified in the Section III Schedule of Requirements. 2.1.2 The Commission’s employees, committee members, board members and their relative (spouse
and children) are not eligible to participate in the tender. 2.1.3 Tenderers shall provide the qualification information statement that the tenderer (including
all members of a joint venture and subcontractors) is not associated, or have been associated in
the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by
the Commission to provide consulting services for the preparation of the design,
specifications, and other documents to be used for the procurement of the goods under this
Invitation for tenders. 2.1.4 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices.
2.2 Eligible Goods 2.2.1 All goods to be supplied under the contract shall have their origin in eligible source countries.
2.2.2 For purposes of this clause, “origin” means the place where the goods are mined, grown, or
produced. Goods are produced when, through manufacturing, processing, or substantial and
major assembly of components, a commercially-recognized product results that is substantially
different in basic characteristics or in purpose or utility from its components. 2.2.3 The origin of goods is distinct from the nationality of the tenderer.
2.3 Cost of Tendering 2.3.1 The Tenderer shall bear all costs associated with the preparation and submission of its tender, and
the Commission, will in no case be responsible or liable for those costs, regardless of the conduct
or outcome of the tendering process. 2.3.2 There is no fee on obtaining tender document from the commission website.
2.3.3 All firms found capable of performing the contract satisfactorily in accordance with the set
qualification criteria shall be considered for award subject to meeting award criteria.
2.4. The Tender Document 2.4.1 The tender document comprise the documents listed below and addenda issued in accordance
with clause 2.6 of these instructions to Tenderers
(i) Instructions to Tenderers
(ii) General Conditions of Contract
(iii) Special Conditions of Contract
(iv) Schedule of Requirements
(v) Details of Service
(vi) Form of Tender
pg. 5
(vii) Price Schedules
(viii) Contract Form
(ix) Confidential Business Questionnaire Form
(x) Tender Security Form
(xi) Performance Security Form
(xii) Declaration Form 2.4.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the tender
documents. Failure to furnish all information required by the tender documents or to submit a
tender not substantially responsive to the tender documents in every respect will be at the tenderers
risk and may result in the rejection of its tender.
2.5 Clarification of Documents 2.5.1 A prospective tenderer requiring any clarification of the tender document may notify the
Commission in writing or by post at the entity’s address indicated in the Invitation to Tender. The
Procuring entity will respond in writing to any request for clarification of the tender documents,
which it receives not later than seven (7) days prior to the deadline for the submission of
tenders, prescribed by the Commission. Written copies of the Procuring entities response
(including an explanation of the query but without identifying the source of inquiry) will be
sent to all prospective tenderers that have received the tender document.
2.5.2 The Commission shall reply to any clarifications sought by the tenderer within 3 days of
receiving the request to enable the tenderer to make timely submission of its tender.
2.6 Amendment of Documents 2.6.1 At any time prior to the deadline for submission of tenders, the Commission, for any reason,
whether at its own initiative or in response to a clarification requested by a prospective tenderer,
may modify the tender documents by amendment. 2.6.2 All prospective candidates that have received the tender documents will be notified of the
amendment in writing or by post and will be binding on them. 2.6.3 In order to allow prospective tenderers reasonable time in which to take the amendment into
account in preparing their tenders, the Commission, at its discretion, may extend the deadline for
the submission of tenders.
2.7 Language of Tender 2.7.1 The tender prepared by the tenderer, as well as all correspondence and documents relating to
the tender exchange by the tenderer and the Commission, shall be written in English language,
provided that any printed literature furnished by the tenderer may be written in another language
provided they are accompanied by an accurate English translation of the relevant passages in
which case, for purposes of interpretation of the tender, the English translation shall govern.
2.8 Documents Comprising of Tender 2.8.1 The tender prepared by the tenderers shall comprise the following components
(a) The Form of Tender and a Price Schedule completed in accordance with
paragraph 2.9, 2.10 and 2.11 below;
b) Completely filled and signed Schedule of Requirements, Confidential Business
Questionnaire;
pg. 6
(c) Documentary evidence established in accordance with paragraph 2.1 that the
tenderer is eligible to tender;
(d) Documentary evidence established in accordance with paragraph 2.2 that the
goods and ancillary services to be supplied by the tenderer are eligible goods and
services and conform to the tender documents;
(e) Documentary evidence established in accordance with paragraph 2.12 that the
tenderer is qualified to perform the contract if its tender is accepted; and
(f) Tender Security or the Tender Securing Declaration as applicable; furnished in accordance with paragraph 2.14;
(g) Any other documentary evidence as provided in the Appendix to ITT.
2.9 Tender Forms 2.9.1 The tenderer shall complete the Form of Tender and the appropriate Price Schedule furnished
in the tender documents, indicating the goods to be supplied, a brief description of the
goods, their country of origin, quantity, and prices.
2.10 Tender Prices 2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and total tender
price of the goods it proposes to supply under the contract 2.10.2 Prices indicated on the Price Schedule shall include all costs including taxes, insurances
and delivery to the premises of the entity. 2.10.3 Prices quoted by the tenderer shall be fixed during the Tender’s performance of the contract and
not subject to variation on any account. A tender submitted with an adjustable price quotation
will be treated as non-responsive and will be rejected, pursuant to paragraph 2.22 2.10.4 The validity period of the tender shall be 120 days from the date of opening of the tender.
2.11 Tender Currencies 2.11.1 Prices shall be quoted in Kenya Shillings unless otherwise specified in the Appendix to
Instructions to Tenderers.
2.12 Tenderers Eligibility and Qualifications 2.12.1 Pursuant to paragraph 2.1, the tenderer shall furnish, as part of its tender, documents
establishing the tenderers eligibility to tender; 2.12.2 The documentary evidence of the tenderers eligibility to tender shall establish to the
Commission’s satisfaction that the tenderer, at the time of submission of its tender, is from an
eligible source country as defined under paragraph 2.1; 2.12.3 The documentary evidence of the tenderers qualifications to perform the contract if its tender is
accepted shall be established to the Commission’s satisfaction:
(a) that, in the case of a tenderer offering to supply goods under the contract which the tenderer
did not manufacture or otherwise produce, the tenderer has been duly authorized by the
goods’ Manufacturer or producer to supply the goods.
(b) that the tenderer has the financial, technical, and production capability necessary
to perform the contract;
pg. 7
(c) that, in the case of a tenderer not doing business within Kenya, the tenderer is or will be
(if awarded the contract) represented by an Agent in Kenya equipped, and able to
carry out the tenderer’s maintenance, repair, and spare parts-stocking obligations
prescribed in the Conditions of Contract and/or Technical Specifications.
2.13 Goods Eligibility and Conformity to Tender Documents 2.13.1 Pursuant to paragraph 2.2 of this section, the tenderer shall furnish, as part of its tender documents
establishing the eligibility and conformity to the tender documents of all goods which the tenderer
proposes to supply under the contract. 2.13.2 The documentary evidence of the eligibility of the goods shall consist of a statement in the Price
Schedule of the country of origin of the goods and services offered which shall be confirmed by
a certificate of origin issued at the time of shipment.
2.13.3 The documentary evidence of conformity of the goods to the tender documents may be in the
form of literature, drawings, and data, and shall consist of:
(a) a detailed description of the essential technical and performance characteristic of the goods
whether in brochures, catalogues, drawings or otherwise,
(b) a list giving full particulars, including available source and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the
goods, following commencement of the use of the goods by the Commission; and
(c) a clause-by-clause commentary on the Commission’s Technical Specifications
demonstrating substantial responsiveness of the goods and service to those
specifications, or a statement of deviations and exceptions to the provisions of the
Technical Specifications. 2.13.4 For purposes of the documentary evidence to be furnished pursuant to paragraph 2.13.3(c)
above, the tenderer shall note that standards for workmanship, material, and equipment, as well
as references to brand names or catalogue numbers designated by the procuring entity in its
Technical Specifications, are intended to be descriptive only and not restrictive. The tenderer
may substitute alternative standards, brand names, and/or catalogue numbers in its tender,
provided that it demonstrates to the Procurement entity’s satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical Specifications.
2.14 Tender Security 2.14.1 The tenderer shall furnish, as part of its tender, a tender security for the amount specified
in the Appendix to Invitation to Tenderers, or a Tender Securing Declaration in the case of
disadvantaged groups.
2.14.2 The tender security shall be in the amount stated in the Appendix to Instructions to Tenderers.
2.14.3 The tender security is required to protect the Commission against the risk of Tenderer’s
conduct which would warrant the security’s forfeiture, pursuant to paragraph 2.14.7
2.14.4 The tender security shall be denominated in Kenya Shillings or in another freely
convertible currency, and shall be in the form of a bank guarantee or a bank draft issued
by a reputable bank located in Kenya or abroad, or a guarantee issued by a reputable
insurance company in the form provided in the tender documents or another form
acceptable to the Commission and valid for thirty (30) days beyond the validity of the
tender.
pg. 8
2.14.5 Any tender not secured in accordance with paragraph 2.14.1 and 2.14.3 will be rejected
by the Commission as non-responsive, pursuant to paragraph 2.22
2.14.6 Unsuccessful Tenderer’s tender security will be discharged or returned as promptly as
possible as but not later than thirty (30) days after the expiration of the period of tender
validity prescribed by the Commission.
2.14.7 The successful Tenderer’s tender security will be discharged upon the tenderer
signing the contract, pursuant to paragraph 2.27 and furnishing the performance security,
pursuant to paragraph 2.28
2.14.8 The tender security may be forfeited:
(a) if a tenderer withdraws its tender during the period of tender validity
specified by the Commission on the Tender Form; or
(b) in the case of a successful tenderer, if the tenderer fails:
(i) to sign the contract in accordance with paragraph 2.27 or
(ii) to furnish performance security in accordance with paragraph
2.28
2.15 Validity of Tenders 2.15.1 Tenders shall remain valid for 120 days or as specified in the Invitation to Tender after the date of
tender opening prescribed by the Commission, pursuant to paragraph 2.18. A tender valid for a shorter period shall be rejected by the Commission as non-responsive.
2.15.2 In exceptional circumstances, the Commission may solicit the Tenderer’s consent to an extension
of the period of validity. The request and the responses thereto shall be made in writing. The
tender security provided under paragraph 2.14 shall also be suitably extended. A tenderer may refuse the request without forfeiting its tender security. A tenderer granting the request will not
be required nor permitted to modify its tender.
2.16 Format and Signing of Tender 2.16.1 The tenderer shall prepare Two copies of the tender, clearly marking each “ORIGINAL
TENDER” and “COPY OF TENDER,” as appropriate. In the event of any discrepancy between
them, the original shall govern. 2.16.2 The original and all copies of the tender shall be typed or written in indelible ink and shall be
signed by the tenderer or a person or persons duly authorized to bind the tenderer to the
contract. The latter authorization shall be indicated by written power-of-attorney accompanying
the tender. All pages of the tender, except for unamended printed literature, shall be initialed by
the person or persons signing the tender.
2.16.3 The tender shall have no interlineations, erasures, or overwriting except as necessary to correct
errors made by the tenderer, in which case such corrections shall be initialed by the person or persons
signing the tender.
2.17 Sealing and Marking of Tenders 2.17.1 The Tenderer shall seal the original and each copy of the tender in separate envelopes, duly marking
the envelopes as “ORIGINAL” and “COPY.” The envelopes shall then be sealed in an outer envelope.
pg. 9
2.17.2 The inner and outer envelopes shall:
(1) be addressed to the Commission at the address given in the Invitation to Tender:
(2) bear, tender number and name in the Invitation for Tenders and the words, “DO NOT OPEN
BEFORE” the date specified in the Appendix to Instructions to Tenderers.
2.17.3 The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared “late”.
2.17.4 If the outer envelope is not sealed and marked as required by paragraph 2.17.2, the Commission
will assume no responsibility for the tender’s misplacement or premature opening.
2.18 Deadline for Submission of Tenders 2.18.1 Tenders must be received by the Commission at the address specified under paragraph 2.17.2 no
later than the date specified in the Appendix to Instructions to tenderers. 2.18.2 The Commission may, at its discretion, extend this deadline for the submission of tenders by
amending the tender documents in accordance with paragraph 2.6, in which case all rights and
obligations of the Commission and candidates previously subject to the deadline will therefore be
subject to the deadline as extended. 2.18.3 Bulky tenders which will not fit in the tender box shall be received by the Commission as provided
for in the Appendix to ITT.
2.19 Modification and Withdrawal of Tenders
2.19.1 The tenderer may modify or withdraw its tender after the tender’s submission, provided that
written notice of the modification, including substitution or withdrawal of the tenders, is
received by the Commission prior to the deadline prescribed for submission of tenders. 2.19.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and
dispatched in accordance with the provisions of paragraph 2.17. A withdrawal notice may also
be sent by cable, telex but followed by a signed confirmation copy, postmarked not later than
the deadline for submission of tenders. 2.19.3 No tender may be modified after the deadline for submission of tenders.
2.19.4 No tender may be withdrawn in the interval between the deadline for submission of tenders and
the expiration of the period of tender validity specified by the tenderer on the Tender Form.
Withdrawal of a tender during this interval may result in the Tenderer’s forfeiture of its
tender security, pursuant to paragraph 2.14.7
2.19.5 The Commission may at any time terminate procurement proceedings before contract award and
shall not be liable to any person for the termination.
2.19.6 The Commission shall give prompt notice of the termination to the tenderers and on request give
its reasons for termination within 14 days of receiving the request from any tenderer.
2.20 Opening of Tenders
2.20.1 Tenders will be opened immediately thereafter and representatives are encouraged to login
to an electronic medium through a link that will be provided.
pg. 10
2.20.1 The tenderers’ names, tender modifications or withdrawals, tender prices, discounts and the
presence or absence of requisite tender security and such other details as the Commission, at its
discretion, may consider appropriate, will be announced at the opening. 2.20.2 The Commission will prepare minutes of the tender opening.
2.21 Clarification of Tenders 2.21.1 To assist in the examination, evaluation and comparison of tenders the Commission may, at its
discretion, ask the tenderer for a clarification of its tender. The request for clarification and the
response shall be in writing, and no change in the prices or substance of the tender shall be
sought, offered, or permitted. 2.21.2 Any effort by the tenderer to influence the Commission in the Commission’s tender evaluation,
tender comparison or contract award decisions may result in the rejection of the tenderers’ tender.
2.22 Preliminary Examination 2.22.1 The Commission will examine the tenders to determine whether they are complete, whether
any computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed, and whether the tenders are generally in order. 2.22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between
the unit price and the total price that is obtained by multiplying the unit price and quantify, the
unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the
correction of the errors, its tender will be rejected, and its tender security forfeited. If there is a
discrepancy between words and figures the amount in words will prevail. 2.22.3 The Commission may waive any minor informality or non-conformity or irregularity in a tender
which does not constitute a material deviation, provided such waiver does not prejudice or effect
the relative ranking of any tenderer. 2.22.4 Prior to the detailed evaluation of bids, pursuant to paragraph 2.23 the Commission will
determine the substantial responsiveness of each tender to the tender documents. For purposes
of these paragraphs, a substantially responsive tender is one, which conforms to all the
terms and conditions of the tender documents without material deviations. The Commission’s
determination of a tender’s responsiveness is to be based on the contents of the tender itself without
recourse to extrinsic evidence.
2.22.5 If a tender is not substantially responsive, it will be rejected by the Commission and may not
subsequently be made responsive by the tenderer by correction of the non-conformity.
2.23 Conversion to Single Currency 2.23.1 Where other currencies are used, the Commission will convert the bid prices to Kenya Shillings
using the selling exchange rate on the date of tender closing provided by the Central Bank of
Kenya.
2.24 Evaluation and Comparison of Tenders 2.14.1 The Commission will evaluate and compare the tenders which have been determined to be
substantially responsive per lot. 2.24.2 The tender evaluation committee shall evaluate the tender within 30 days of the validity period
from the date of opening the tender.
pg. 11
2.24.3 A tenderer who gives false information in the tender document about its qualification or who
refuses to enter into a contract after notification of contract award shall be considered for
debarment from participating in future public procurement. 2.24.4 To qualify for contract awards, the tenderer shall have the following: -
(a) Necessary qualifications, capability experience, services, equipment and
facilities to provide what is being procured.
(b) Legal capacity to enter into a contract for procurement
(c) Shall not be insolvent, in receivership, bankrupt or in the process of being wound
up and is not the subject of legal proceedings relating to the foregoing
(d) Shall not be debarred from participating in public procurement.
2.25 Preference
2.25.1 Preference where allowed in the evaluation of tenders shall not exceed 15%. The procedure for
preferences and reservations is provided in the Appendix to Instructions to Tenderers.
2.26 Contacting the Commission 2.26.1 Subject to paragraph 2.21 no tenderer shall contact the Commission on any matter related to its
tender, from the time of the tender opening to the time the contract is awarded. 2.26.1 Any effort by a tenderer to influence the Commission in its decisions on tender, evaluation,
tender comparison, or contract award may result in the rejection of the Tenderer’s tender.
2.27 Award of Contract
Post-qualification 2.27.1 In the absence of pre-qualification, the Commission will determine to its satisfaction whether the
tenderer that is selected as having submitted the lowest evaluated responsive tender is
qualified to perform the contract satisfactorily.
2.27.2 The determination will take into account the tenderer financial, technical, and production
capabilities. It will be based upon an examination of the documentary evidence of the
tenderers qualifications submitted by the tenderer, pursuant to paragraph 2.12.3 as well as
such other information as the Commission deems necessary and appropriate. 2.27.3 An affirmative determination will be a prerequisite for award of the contract to the tenderer.
A negative determination will result in rejection of the Tenderer’s tender, in which event the
Commission will proceed to the next lowest evaluated tender to make a similar determination of
that Tenderer’s capabilities to perform satisfactorily.
Award Criteria 2.27.4 The Commission will award the contract to the successful tenderer(s) whose tender has been
determined to be substantially responsive and has been determined to be the lowest evaluated
tender, provided further that the tenderer is determined to be qualified to perform the contract
satisfactorily.
pg. 12
Commission’s Right to Vary quantities 2.27.5 The Commission reserves the right at the time of contract award to increase or decrease
the quantity of goods originally specified in the Schedule of requirements without any change in
unit price or other terms and conditions as provided in the Appendix to ITT.
Commission’s Right to accept or Reject Any or All Tenders 2.27.6 The Commission reserves the right to accept or reject any tender, and to annul the tendering
process and reject all tenders at any time prior to contract award, without thereby incurring any
liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or
tenderers of the grounds for the Commission’s action.
2.28 Notification of Award 2.28.1 Prior to the expiration of the period of tender validity, the Commission will notify the successful
tenderer in writing that its tender has been accepted. 2.28.2 The notification of award will constitute the formation of the Contract but will have to wait until
the contract is finally signed by both parties 2.28.3 Upon the successful Tenderer’s furnishing of the performance security pursuant to paragraph
2.28, the Commission will promptly notify each unsuccessful Tenderer and will discharge its tender
security, pursuant to paragraph 2.14
2.29 Signing of Contract 2.29.1 At the same time as the Commission notifies the successful tenderer that its tender has been
accepted, the Commission will send the tenderer the Contract Form provided in the tender
documents, incorporating all agreements between the parties.
2.29.2 The parties to the contract shall have it signed within 30 days from the date of notification
of contract award unless there is an administrative review request.
2.29.3 Within fourteen (14) days of receipt of the Contract Form, the successful tenderer shall sign and
date the contract and return it to the Commission.
2.30 Performance Security 2.30.1 Within Thirty (30) days of the receipt of notification of award from the Commission, the successful
tenderer shall furnish the performance security in accordance with the Conditions of Contract, in
the Performance Security Form provided in the tender documents, or in another form acceptable
to the Commission. 2.30.2 Failure of the successful tenderer to comply with the requirements of paragraph 2.27 or
paragraph 2.28 shall constitute sufficient grounds for the annulment of the award and forfeiture
of the tender security, in which event the Commission may make the award to the next lowest
evaluated Candidate or call for new tenders.
2.31 Corrupt or Fraudulent Practices
2.31.1 The Commission requires that tenderers observe the highest standard of ethics during the
procurement process and execution of contracts when used in the present regulations, the following
terms are defined as follows;
(i) “corrupt practice” means the offering, giving, receiving, or soliciting of anything of
value to influence the action of a public official in the procurement process or in contract
execution; and
pg. 13
(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Commission,
and includes collusive practice among tenderer (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive levels and to
deprive the Commission of the benefits of free and open competition;
2.31.2 The Commission will reject a proposal for award if it determines that the tenderer recommended
for award has engaged in corrupt or fraudulent practices in competing for the contract in question. 2.31.3 Further a tenderer who is found to have indulged in corrupt or fraudulent practices risks being
debarred from participating in public procurement in Kenya.
pg. 14
APPENDIX TO INSTRUCTIONS TO TENDERERS The following information regarding the particulars of the tender shall complement supplement or amend
the provisions of the Instructions to Tenderers. Wherever there is a conflict between the provision of the
Instructions to Tenderers and the provisions of the appendix, the provisions of the appendix herein shall
prevail over those of the instructions to tenderers.
INSTRUCTIONS
TO TENDERERS
REFERENCE
PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
2.1.1 The reference number of the Invitation for Tender is: IEBC/OT/20/05/2020-2021:
Supply and Delivery of Toners and Cartridges.
2.1.1 The Procuring Entity is: The Independent Electoral and Boundaries Commission
(IEBC)
2.1.4 A list of debarred firms and individuals is available on the PPRA website:
www.ppra.go.ke. The declaration shall be as provided in the Form of Tender.
2.2.1 The goods supplied under the contract shall have their origin in Kenya or any
country where the original equipment manufacturer is located.
2.10.3 The prices quoted by the Bidder shall not be subject to adjustment during the contract period.
2.12.1,
2.12.2,
2.13.1,
2.13.2;
2.14;
2.24.4
Each tenderer shall provide documentary evidence to establish that it is eligible
to bid and the goods and related services are from eligible sources as shown in
the table below. Any tenderer that does not pass any of these criteria shall be
disqualified at the Preliminary Examination Stage
2.13.3
The tenderer shall meet the specifications and provide information required in
Schedule of Requirements. In an Annex, the tenderer shall ensure conformity of the
items to the Specifications and Schedule of Requirements.
2.12.3,
2.27
After determining the lowest evaluated bid, the Commission shall carry out the
Post-qualification Evaluation of the tenderer
2.14.1
The tenderer shall furnish, as part of its tender, a tender security for Ksh. 50,000 as
specified in the Appendix to Invitation to Tenderers, or a Tender Securing
Declaration in the case of disadvantaged groups.
2.17.1 In addition to the original of the bid, the number of copies is: 2
2.17.2;
2.18.1;
2.20.1
The deadline for bid submission is:
Date: 9th November, 2020
Time: 11:00 am East Africa Time
The address for submission of tenders is as indicated on the invitation to tender
pg. 15
2.18.3
Bulky tenders shall be received at the Procurement Office 5th Floor Room No.516
and each evidenced by a receipt.
2.23 The currency that shall be used for bid evaluation and comparison purposes to
convert all bid prices expressed in various currencies into a single currency is: Kenya
Shillings.
The source of exchange rate shall be: Central Bank of Kenya
The date for the exchange rate shall be: Tender Submission Date
2.24 Bids will be evaluated as per quote and delivery period. The Contract will
comprise the item(s) awarded to the successful tenderer.
2.25
Preferences shall be applied as follows: Not Applicable.
The tender is open to all.
2.27.5
The maximum percentage by which quantities may be increased is: 10%
The maximum percentage by which quantities may be decreased is: 10%
pg. 16
SECTION III: GENERAL CONDITIONS OF CONTRACT
Table of Clauses
3.1 Definitions ………………………………………………………….. 17
3.2 Application………………………………………………………….. 17
3.3 Country of Origin…………………………………………………… 17
3.4 Standards…………………………………………………………… 17
3.5 Use of Contract Documents and Information ……………………… 17
3.6 Patent Rights……………………………………………………….. 18
3.7 Performance Security………………………………………………. 18
3.8 Inspection and Tests………………………………………………… 18
3.9 Packing……………………………………………………………… 19
3.10 Delivery and Documents…………………………………………… 19
3.11 Insurance……………………………………………………………. 19
3.12 Payment…………………………………………………………….. 19
3.13 Price………………………………………………………………… 19
3.14 Assignments………………………………………………………… 19
3.15 Subcontract ………………………………………………………… 19
3.16 Termination for Default…………………………………………….. 20
3.17 Liquidated Damages….…………………………………………..... 20
3.18 Resolution of Disputes……………………………………………… 20
3.19 Governing Language…………………………………………………. 20
3.20 Force Majeure………………………………………………………….. 20
pg. 17
SECTION III: GENERAL CONDITIONS OF CONTRACT
3.1 Definitions 3.1.1 In this Contract, the following terms shall be interpreted as indicated:-
(a) “The Contract” means the agreement entered into between the Commission
and the tenderer, as recorded in the Contract Form signed by the parties,
including all attachments and appendices thereto and all documents
incorporated by reference therein.
(b) “The Contract Price” means the price payable to the tenderer under the
Contract for the full and proper performance of its contractual obligations
(c) “The Goods” means all of the equipment, machinery, and/or other materials,
which the tenderer is required to supply to the Commission under the Contract.
(d) “The Procuring Entity” means the organization purchasing the Goods under
this Contract.
(e) “The Tenderer’ means the individual or firm supplying the Goods under this
Contract.
3.2 Application 3.1.2 These General Conditions shall apply in all Contracts made by the Commission for the
procurement installation and commissioning of equipment and supply of goods.
3.3 Country of Origin 3.3.1 For purposes of this clause, “Origin” means the place where the Goods were mined,
grown or produced. 3.3.2 The origin of Goods and Services is any country that meets the Set Standards as per the
Specifications and Schedule of Requirements.
3.4 Standards 3.4.1 The Goods supplied under this Contract shall conform to the standards mentioned in
the Technical Specifications.
3.5 Use of Contract Documents and Information 3.5.1 The tenderer shall not, without the Commission’s prior written consent, disclose the
Contract, or any provision therefore, or any specification, plan, drawing, pattern,
sample, or information furnished by or on behalf of the Commission in connection
therewith, to any person other than a person employed by the tenderer in the
performance of the Contract. 3.5.2 The tenderer shall not, without the Commission’s prior written consent, make use of
any document or information enumerated in paragraph 3.5.1 above 3.5.3 Any document, other than the Contract itself, enumerated in paragraph 3.5.1 shall
remain the property of the Commission and shall be returned (all copies) to the
Commission on completion of the Tenderer’s performance under the Contract if so
required by the Commission
pg. 18
3.6 Patent Rights 3.6.1 The tenderer shall indemnify the Commission against all third-party claims of
infringement of patent, trademark, or industrial design rights arising from use of the
Goods or any part thereof in the Commission’s country
3.7 Performance Security 3.7.1 Within thirty (30) days of receipt of the notification of Contract award, the successful
tenderer shall furnish to the Commission the performance security in the amount
specified in Special Conditions of Contract. 3.7.2 The proceeds of the performance security shall be payable to the Commission as
compensation for any loss resulting from the Tenderer’s failure to complete its
obligations under the Contract. 3.7.3 The performance security shall be denominated in the currency of the Contract, or in a
freely convertible currency acceptable to the Commission and shall be in the form of a
bank guarantee or an irrevocable letter of credit issued by a reputable bank located in
Kenya or abroad, acceptable to the Commission, in the form provided in the tender
documents. 3.7.4 The performance security will be discharged by the Commission and returned to the
Candidate not later than thirty (30) days following the date of completion of the
Tenderer’s performance obligations under the Contract, including any warranty
obligations, under the Contract
3.8 Inspection and Tests 3.8.1 The Commission or its representative shall have the right to inspect and/or to test the
goods to confirm their conformity to the Contract specifications. The Commission shall notify
the tenderer in writing in a timely manner, of the identity of any representatives retained for
these purposes. 3.8.2 The inspections and tests may be conducted in the premises of the tenderer or its
subcontractor(s), at point of delivery, and/or at the Goods’ final destination. If
conducted on the premises of the tenderer or its subcontractor(s), all reasonable
facilities and assistance, including access to drawings and production data, shall be
furnished to the inspectors at no charge to the Commission. 3.8.3 Should any inspected or tested goods fail to conform to the Specifications, the
Commission may reject the equipments, and the tenderer shall either replace the
rejected equipment or make alterations necessary to make specification requirements
free of costs to the Commission. 3.8.4 The Commission’s right to inspect, test and where necessary, reject the goods after the
Goods’ arrival shall in no way be limited or waived by reason of the equipment having
previously been inspected, tested and passed by the Commission or its representative
prior to the equipment delivery. 3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from any warranty or
other obligations under this Contract.
pg. 19
3.9 Packing
3.9.1 The tenderer shall provide such packing of the Goods as is required to prevent
their damage or deterioration during transit to their final destination, as indicated in the
Contract. 3.9.1 The packing, marking, and documentation within and outside the packages shall
comply strictly with such special requirements as shall be expressly provided for in the
Contract
3.10 Delivery and Documents
3.10.1 Delivery of the Goods shall be made by the tenderer in accordance with the
terms specified by Commission in its Schedule of Requirements and the Special
Conditions of Contract
3.11 Insurance 3.11.1 The Goods supplied under the Contract shall be fully insured against loss or damage
incidental to manufacturer or acquisition, transportation, storage, and delivery in the
manner specified in the Special conditions of contract.
3.12 Payment 3.12.1 The method and conditions of payment to be made to the tenderer under this Contract
shall be specified in Special Conditions of Contract 3.12.2 Payments shall be made promptly by the Commission as specified in the contract
3.13 Prices 3.13.1 Prices charged by the tenderer for goods delivered and services performed under the
Contract shall not, with the exception of any price adjustments authorized in Special
Conditions of Contract, vary from the prices by the tenderer in its tender.
3.13.2 Contract price variations shall not be allowed for contracts not exceeding one year (12
months) 3.13.3 Where contract price variation is allowed, the variation shall not exceed 10% of the
original contract price. 3.13.4 Price variation request shall be processed by the Commission within 30 days of
receiving the request.
3.14 Assignment 3.14.1 The tenderer shall not assign, in whole or in part, its obligations to perform under this
Contract, except with the Commission’s prior written consent
3.15 Subcontracts 3.15.1 The tenderer shall notify the Commission in writing of all subcontracts awarded under
this Contract if not already specified in the tender. Such notification, in the original
tender or later, shall not relieve the tenderer from any liability or obligation under the
Contract.
pg. 20
3.16 Termination for default 3.16.1 The Commission may, without prejudice to any other remedy for breach of Contract,
by written notice of default sent to the tenderer, terminate this Contract in whole or in
part (a) if the tenderer fails to deliver any or all of the goods within the period(s) specified in
the Contract, or within any extension thereof granted by the Commission (b) if the tenderer fails to perform any other obligation(s) under the Contract
(c) if the tenderer, in the judgment of the Commission has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract 3.16.2 In the event the Commission terminates the Contract in whole or in part, it may
procure, upon such terms and in such manner as it deems appropriate, equipment
similar to those undelivered, and the tenderer shall be liable to the Commission for any
excess costs for such similar goods.
3.17 Liquidated Damages 3.17.1. If the tenderer fails to deliver any or all of the goods within the period(s) specified in
the contract, the Commission shall, without prejudice to its other remedies under the
contract, deduct from the contract prices liquidated damages sum equivalent to 0.5%
of the delivered price of the delayed items up to a maximum deduction of 10% of the
delayed goods. After this the tenderer may consider termination of the contract.
3.18 Resolution of Disputes 3.18.1 The Commission and the tenderer shall make every effort to resolve amicably by direct
informal negotiation and disagreement or dispute arising between them under or in
connection with the contract 3.18.2 If, after thirty (30) days from the commencement of such informal negotiations both
parties have been unable to resolve amicably a contract dispute, either party may
require adjudication in an agreed national or international forum, and/or international
arbitration.
3.19 Language and Law 3.19.1 The language of the contract and the law governing the contract shall be English
language and the Laws of Kenya respectively unless otherwise stated.
3.20 Force Majeure 3.20.1 The tenderer shall not be liable for forfeiture of its performance security or termination
for default if and to the extent that it’s delay in performance or other failure to perform
its obligations under the Contract is the result of an event of Force Majeure.
pg. 21
SECTION IV: SPECIAL CONDITIONS OF CONTRACT These Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever
there is a conflict between the GCC and the SCC, the provisions of the SCC herein shall prevail over these
in the GCC.
3.1.1 (d) The Purchaser is:
Independent Electoral and Boundaries Commission (IEBC) Independent Electoral
and Boundaries Commission (IEBC), Anniversary Towers, University Way, Fifth
Floor; P O Box 45371-00100; Email: [email protected]; Website:
www.iebc.or.ke
3.10 The Supplier is required under the Contract to transport the Goods to a specified place of
final destination at the National Warehouse, Likoni Road, Nairobi
3.11 The insurance coverage shall be as specified in the Incoterms.
If not in accordance with Incoterms, insurance shall be as follows: The supplier shall
cover the goods insurance up to delivery to the Commission.
3.12 The method and conditions of payment to be made to the Supplier under this Contract
shall be as follows:
On Delivery: Payments to the Supplier will be within thirty (30) days after the date of
the acceptance certificate for the respective delivery issued by the Commission.
3.13 The prices charged for the Goods supplied and the related Services performed shall not be adjustable.
3.17 The liquidated damage shall be: 0.5% per week
3.17 The maximum amount of liquidated damages shall be: 10% of contract price
3.18 In the case of a dispute between the Purchaser and a Supplier who is a national of Kenya,
the dispute shall be referred to adjudication or arbitration in accordance with the laws of
Kenya.
3.19 The language shall be: English
3.19 The governing law shall be the law of: Kenya
3.8 The inspections and tests shall be: Shall be carried out by the IEBC Inspection and Acceptance Committee or as determined by the Commission Secretary.
3.8.2 The inspections and tests shall be conducted at: IEBC designated offices or
warehouses
3.8.3 The period for repair or replacement shall be: 5 days.
3.8.5 The period of validity of the Warranty shall be: One Year
pg. 22
SECTION V - TECHNICAL SPECIFICATIONS
5.1 General
5.1.1 The specifications describe the requirements for the Supply and Delivery of
Various Toners and Cartridges.
5.1.2 Tenderer must indicate on the specifications sheets whether the procurement
item offered comply with each specified requirement.
Evaluation and Comparison of Tenders
Preliminary Evaluation
Evidence (Provide Certified Copies of Documents where specified)
S/No
Requirements
Responsive
or Not
Responsive
MR 1
Must Submit a Certified copy of Registration/Certificate
MR 2
Tender Security Valid for 120 Days from the of tender closing
MR 3 Provide copy of the company’s current Certificate of Tax
Compliance issued by Kenya Revenue Authority (KRA) valid at
least up to the tender closing date
MR 4
Submit a completed company’s profile using the Confidential
Business Questionnaire attached to this tender document
MR 5 Submit a dully filled Anti-Corruption Declaration Form
MR 6
Must Fill the Price Schedule in the Format provided
MR 7
Tenderers must serialize all pages of the submitted bid
At this stage, the tenderer’s submission will either be responsive or non-responsive.
The non-responsive submissions in any of the Seven (7) mandatory requirements will be
eliminated from the entire evaluation process and will not be considered further.
pg. 23
Technical Evaluation
S/No
Requirements
Evidence (Provide Certified Copies of Documents)
Marks
Awarded
1 Technical capacity
Proof of Re-sale Authorization
Manufacturer Authorization Form 20 Marks
Dealer’s Authorization Form 10 Marks
Demonstrate through attaching certified copies of a t
l eas t Five (5 ) LPOs/ invoices as proof of the ability
to stock or source for the Toners and Cartridges within
7 days.
20 Marks
Attach recommendations and testimonials from Three
(3) clients with whom they have dealt with supplies of
Toners and Cartridges worth Ksh. 500,000 per client
per year over the last 2 years
( 2 year = 10 Marks )
( 1 year = 5 Marks )
2 Technical Support Provide copies of Three (3) C.Vs of technical support personnel in the organization for after sales support
10 Marks
3 C.Vs of Call Centre support staff 5 Marks
Provide dedicated verifiable call centre contacts
5 Marks
3 Financial
Capability
Provide certified audited accounts for last two (2) years
i.e. 2018 & 2019 and to satisfy:
Current ratio of 2:1 20 Marks
The pass mark required to proceed to the financial evaluation is 70 marks. Bidders who attain 70 marks and
above marks will proceed to the financial evaluation stage. Those who score below 70 marks will be
eliminated at this stage and will not be considered for financial evaluation.
pg. 24
Financial Evaluation
Financial Evaluation Financial
Analysis
The Financial comparison will be
made to determine the evaluated
lowest price
Award Criteria The recommended Bidder will be
subjected to Post Qualification
Evaluation before Award
The Tender shall be awarded to the
lowest evaluated bidder
pg. 25
SECTION VI: SCHEDULE OF REQUIREMENTS
The tenderer shall meet the following specification requirements: (a) Undertake to supply and deliver products with specifications as provided in the tender
document
(b) Tenderers are required to submit with their offers the detailed delivery lead times
(c) Tenderers must indicate warranties provided for each product
(d) All the dimensions and capacities of the goods to be supplied shall not be less than
those required in these specifications;
(e) Deviations from the basic requirements, if any shall be explained in detail in writing
with the offer;
(f) The Commission reserves the right to reject the products, if such deviations shall be
found critical to the use and operation of the products;
(g) All items quoted for and delivered shall be of genuine brand;
(h) The tenderer shall undertake to provide the items needed.
(i) The tenderer shall undertake to replace any items which have factory defects;
(j) Packages shall be intact with original manufacturer seal and shipping marks complete
with serial and batch numbers.
pg. 26
SECTION VII: PRICE SCHEDULE FORM The Tenderer shall fill in the Price Schedule Form under Columns 4 and 5. All prices shall be inclusive
of VAT and other taxes. The prices shall be quoted using Delivery Duty Paid (DDP) INCOTERMS to
IEBC National Warehouse, Likoni Road, Industrial Area, Nairobi.
1 2 3 4 5
Item No. Description of Goods Unit of
Measure
Quantity Unit Price
(KES)inclusive
of Taxes
Delivery Period
– in Days
[to be provided by the Bidder]
1 HP Laser jet 305A Each 28
2 HP Laser jet 312A Each 4
3 HP Laser jet 645A Each 32
4 HP Laser jet 304A Each 12
5 HP Laser jet 12A Each 6
6 HP Laser jet 38A Each 1
7 HP Laser jet 42A Each 24
8 HP Laser jet 43X Each 5
9 Kyocera TK 8307 Each 8
10 Kyocera TK 8305 Each 4
11 Kyocera TK-55 Toner
KIT
Each 5
12 Canon C- EXV 29 Each 20
13 Canon MP 201 Each 2
TOTAL
Name of Tenderer:…………………………………………….
Signature:……………………………………………………
Stamp:……………………………………………………...
pg. 27
SECTION VIII - STANDARD FORMS
Notes on the Sample Forms
1 Form of Tender-The form of tender must be completed by the
Tenderer and submitted with the tender documents. It must
also be duly signed by duly authorized representatives of the
Tenderer.
2 Confidential Business Questionnaire Form- This form must
be completed by the Tenderer and submitted with the tender
documents.
3 Tender Security Form- When required by the tender
documents the tender shall provide the tender security either
in the form included herein or in another format acceptable to
the procuring entity.
4 Contract Form- The Contract Form shall not be completed by
the Tenderer at the time of submitting the tender. The Contract
Form shall be completed after contract award and should
incorporate the accepted contract price.
5 Performance Security Form- The performance security form
should not be completed by the Tenderer at the time of tender
preparation. Only the successful Tenderer will be required to
provide performance security in the form provided herein or
in another form acceptable to the procuring entity.
6 Bank Guarantee for Advance Payment Form- When
Advance payment is requested for by the successful bidder
and agreed by the procuring entity, this form must be
completed fully and duly signed by the authorized officials of
the bank.
7 Declaration Form in accordance with Sections 62 of the
PPDA, 2015
pg. 28
8.1 FORM OF TENDER
Date
Tender No.
To: Independent Electoral & Boundaries Commission
P.O Box 45371-00100, Nairobi, Kenya
Gentlemen and/or Ladies:
1. Having examined the tender documents including Addenda
Nos. ………………………………. [insert numbers]. the receipt of which is
hereby duly acknowledged, we, the undersigned, offer to supply deliver,
install and Commission…………………………………………… (insert
equipment description) in conformity with the said tender documents for the
sum of
…………………………………………………………. (total tender amount
in words and figures) or such other sums as may be ascertained in accordance
with the Schedule of Prices attached herewith and made part of this Tender.
2. We undertake, if our Tender is accepted, accordance with the delivery
schedule specified in the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the guarantee of a bank in a
sum of equivalent to percent of the Contract Price for the due performance of
the Contract, in the form prescribed by ………………. ………………..
4. We agree to abide by this Tender for a period of….… [Number] days
from the date fixed for tender opening of the Instructions to Tenderers, and it
shall remain binding up on us and may be accepted at any time before the
expiration of that period.
5. This Tender, together with your written acceptance thereof and your
notification of award, shall constitute a Contract, between us. Subject to signing
of the Contract by the parties.
6. We understand that you are not bound to accept the lowest or any tender
you may receive.
Dated this day of 20
[signature] [in the capacity of]
Duly authorized to sign tender for an on behalf of
pg. 29
8.2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM
You are requested to give the particulars indicated in Part 1; either Part
2(a), 2(b) or 2 (c) whichever applies to your type of business; and Part3.
You are advised that it is a serious offence to give false information on
this form.
Part 1 –General
1.1
Business Name……………………………………………………………………………
1.2
Location of Business
Premises.………………………………………………………………
1.3
Plot No…………………………………………………………Street/Road
Postal Address.…………………………………………………………………..
Tel No. ………………………………… Fax ………………………………….
Email…………………………………………….
1.4
Nature of Business ……………………………………………………………………
1.5
Registration Certificate No.……………………………………………………………
1.6 Maximum Value of Business which you can handle at any one time –
Kshs…………………
1.7
Name of your Bankers………………………………………… Branch………………….
Part 2 (a) – Sole Proprietor
2a.1
Your Name in Full……………………………………………………..Age……………..
2a.2
Nationality ……………………………… Country of Origin ……………………………
Citizenship Details ……………………..……………………………
pg. 30
Part 2 (b)Partnership
2b.1 Given details of Partners as follows:
2b.2 Name Nationality Citizenship
Details
Shares
1
2
3
4
Part 2 (c ) – Registered Company
2c.1
Private or Public
………………………………………………………………………………
2c.2 State the Nominal and Issued Capital of Company-
Nominal Kshs. ………………………………………………………
Issued Kshs. …………………………………………………………
2c.3 Given details of all Directors as follows
Name Nationality Citizenship
Details
Shares
1
2
3
4
5
pg. 31
Part 3 – Eligibility Status
3.1 Are you related to an Employee, Committee Member or Board Member of IEBC?
Yes / No
3.2 If answer in ‘3.1’ is YES give the relationship.
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
………………
3.3
Does an Employee, Committee Member, and Board Member of IEBC sit in the Board of
Directors or Management of your Organization, Subsidiaries or Joint Ventures? Yes / No
3.4 If answer in ‘3.3’ above is YES give details.
………………………………………………………………………………………………
…
………………………………………………………………………………………………
…
…………………..
…………………………………………….………………………………
3.5 Has your Organization, Subsidiary Joint Venture or Sub-contractor been involved in the past
directly or indirectly with a firm or any of its affiliates that have been engaged by IEBC to
provide consulting services for preparation of design, specifications and other documents to
be used for procurement of the goods under this invitation? Yes No
3.6 If answer in ‘3.5’ above is YES give details.
………………………………………………………………………………………………
…
………………………………………………………………………………………………
…
………………………………………………………………………………………………
…
3.7 Are you under a declaration of ineligibility for corrupt and fraudulent practices? YES/No
3.8 Have you offered or given anything of value to influence the procurement process? Yes No
pg. 32
3.9 If answer in ‘3.8’ above is YES give details
………………………………………………………………………………………………
…
………………………………………….…………………………………………………
I DECLARE that the information given on this form is correct to the best of my knowledge
and belief.
Date ……………………………… Signature of Candidate…………..………………
If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization or
registration.
pg. 33
8.3 TENDER SECURITY FORM
Whereas [name of Bidder] (hereinafter called <the tenderer> has submitted its bid dated
[date of submission of bid] for the provision of insurance services (hereinafter called
<the tender?
KNOW ALL PEOPLE by these presents that WE [name of bank] of [name of country],
having our registered office at [name of procuring entity] (hereinafter called <the
procuring entity> in the sum of [state the amount] for which payment well and truly to
be made to the said procuring entity, the Bank binds itself, its successors, and assigns
by these presents. Sealed with the Common Seal of the said Bank this
day of 20
THE CONDITIONS of this obligation are:-
1. If the tenderer withdraws its tender during the period of tender validity
specified by the procuring entity on the Form; or
2. If the tender, having been notified of the acceptance of its tender by the
procuring entity during the period of tender validity
(a) fails or refuses to execute the Contract Form, if required; or
(b) fails or refuses to furnish the performance security, in accordance with
the Instructions to tenders.
We undertake to pay to the procuring entity up to the above amount upon receipt of its
first written demand, without the procuring entity having to substantiate its demand,
provided that in its demand the procuring entity will note that the amount claimed by it
is due to it, owing to the occurrence of one or both of the conditions, specifying the
occurred condition(s)
This tender guarantee will remain in force up to and including thirty (30) days after the
period of tender validity, and any demand in respect thereof should reach the Bank not
later than the above stated date.
[Authorized Signatories and official stamp of the Bank]
pg. 34
8.4 CONTRACT FORM
THIS AGREEMENT made the day of 20_ between………
[name of COMMISSION] of
……………….[country of COMMISSION](hereinafter called “the Procuring entity”) of the one part and ……………………[name of Tenderer] of
……….[city and country of Tenderer](hereinafter called “the Tenderer”) of the other part.
WHEREAS the
materials and
procuring entity invited tenders for certain
spares.
Viz……………………..[brief description of materials and spares] and has accepted a
tender by the Tenderer
for the supply of those materials and spares in the spares
in the sum of
………………………………………[contract price in words and figures] NOW THIS
AGREEMENT WITNESSETH ASFOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of
this Agreement, viz.:
(a) the Tender Form and the Price Schedule submitted by the Tenderer;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract;
(e) the Special Conditions of Contract; and
(f) the Procuring entity’s Notification of Award.
3. In consideration of the payments to be made by the Procuring entity to the Tenderer
as hereinafter mentioned, the Tenderer hereby covenants with the Procuring entity to
provide the materials and spares and to remedy defects therein in conformity in
all respects with the provisions of the Contract
4. The Procuring entity hereby covenants to pay the Tenderer in consideration of the provision of the materials and spares and the remedying of defects therein, the Contract
Price or such other sum as may become payable under the provisions of the contract at the times and in the manner prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
Signed, sealed, delivered by the (for the Procuring
entity)
Signed, sealed, delivered by the (for the Tenderer) in the presence of
………………………………….
pg. 35
8.5 PERFORMANCE SECURITY FORM
To IEBC
WHEREAS……………………………………………………………………………
………………….[name of Tenderer] (Herein after called “the Tenderer”) has
undertaken, in pursuance of Contract No. [Reference number of the
contract] dated 20 _to
supply…………………………………………………………………………………
…..
[Description services] (Hereinafter called “the contract”)
ANDWHEREASithasbeenstipulatedbyyouinthesaidContractthattheTenderershallfurni
shyouwitha bank guarantee by a reputable bank for the sum specified therein as
security for compliance with the Tenderer’s performance obligations in accordance
with the Contract.
AND WHEREAS we have agreed to give the Tenderer a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on
behalf of the Tenderer, up to a total
of…………………………………………………………………………………….
[amount of the guarantee in words and figures],
and we undertake to pay you, upon your first written demand declaring the Tenderer to
be in default under the Contract and without cavil or argument, any sum or sums within
the limits of
…………………………………………………………………………………………
………………[amount of guarantee] as aforesaid, without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the day of20
Signature and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
pg. 36
8.6 BANK GUARANTEE FOR ADVANCE PAYMENT FORM
To IEBC
Gentlemen and/or Ladies:
In accordance with the payment provision included in the special conditions of contract,
which amends the general conditions of contract to provide for advance payment,
…………………………………………………………………
[name and address of Tenderer] [hereinafter called “the Tenderer”] shall deposit with
the Procuring entity a bank guarantee to guarantee its proper and faithful performance
under the said clause of the contract in an amount of
…………………………………………………………………………………………
……………
………………………………………… [Amount of guarantee in figures and words].
We, the ………………………………………………………………………………
[bank or financial institution], as instructed by the Tenderer, agree unconditionally and
irrevocably to guarantee as primary obligator and not as surety merely, the payment to
the Procuring entity on its first demand without whatsoever right of objection on our
part and without its first claim to the Tenderer, in the amount not exceeding
[Amount of guarantee in figures and words].
We further agree that no change or addition to or other modification of the terms of the
Contract to be performed there under or of any of the Contract documents which may
be made between the Procuring entity and the Tenderer, shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change,
addition, or modification.
This guarantee shall remain valid and in full effect from the date of the advance
payment received by the Tenderer under the Contract until [date].
Yours truly,
Signature and seal of the
Guarantors
[name of bank or financial institution]
[address]
[date]
pg. 37
8.7 LETTER OF NOTIFICATION OF AWARD
Independent Electoral & Boundaries Commission
P.O Box 45371-00100, Nairobi, Kenya
To:
RE: Tender No.
Tender Name
This is to notify that the contract/s stated below under the above
mentioned tender have been awarded to you.
1. Please acknowledge receipt of this Letter of
Notification signifying your Acceptance.
2. The Contract/contracts shall be signed by the parties within
30 days of the date of this letter but not earlier than 14 days
from the date of the letter.
3. You may contact the officer whose particulars appear below
on the subject matter of this Letter of Notification of Award.
pg. 38
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)
Request for review of the decision of the…………… (Name of the Procuring Entity)
of ……………dated the…day of ………….20……….in the matter of Tender
No………..…of …………..20…
REQUEST FOR REVIEW
I/We……………………………,the above named Applicant(s), of address: Physical
address…………….Fax No……Tel. No……..Email ……………, hereby request the
Public Procurement Administrative Review Board to review the whole/part of the
above mentioned decision on the following grounds , namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2.
etc
SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…
FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on
………… day of ………....20….………
SIGNED
Board Secretary
pg. 39
ANTI-CORRUPTION DECLARATION FORM
(Sections 62 of the PPDA, 2015)
I/We/Messrs…………………………………………………………
………………………...
Of Street, Building, P O
Box…………………………………………………………………
Contact/Phone/E
mail……………………………………………………………………….
Declare that Public Procurement is based on a free and fair
competitive Tendering process which should not be open to abuse.
I/We..………………………………………………………………
…………………..
Declare that I/We will not offer or facilitate, directly or
indirectly, any inducement or reward to any public officer, their
relations or business associates, in connection with
Tender/Tender No
……………………..…………………………………
For or in the subsequent performance of the contract if I/We
am/are successful.
Authorized Signature..............................................................
Name of Signatory…………………………………………………
Title of Signatory……………………………………………………
Official Stamp………………………………………………………
pg. 40
INTEGRITY DECLARATION FORM
(Sections 62 of the PP&AD Act, 2015)
I/We/Messrs.…………………………………………………………………..
Of........... Street/avenue, Building, P. O. Box …………Code ...…,
of............ (Town), (Nationality), Phone.................. E-mail
.....................…. declare that Public Procurement is based on a free and
fair competitive tendering process which should not be open to abuse.
I/We...…………………………………………………………………………
……….Declare that I/We will not offer or facilitate, directly or indirectly,
any inducement or reward to any public officer, their relations or business
associates, in connection with,
Tender Name …………………………………………………
Tender No……………………………………………………. For/or in the
subsequent performance of the contract if I/We am/are successful.
Dated this...................................... Day of......................20......
Authorized Signature................................................................
Official Stamp........................................
Name and Title of Signatory……………………………………………